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Patent Applications Patent Act Appeals

Smart & Biggar

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events...

Smart & Biggar on

In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #2

PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more

Foley & Lardner LLP

Australia Appeal Decision Reverses Direction on AI Inventorship

Foley & Lardner LLP on

Over the past few years technology evangelist and inventor Stephen Thaler, together with the Artificial Inventor Project, has campaigned for patent law changes across jurisdictions to recognize artificial intelligence (AI) as...more

Proskauer - The Patent Playbook

Update on Artificial Intelligence as a Patent Inventor

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

Fenwick & West LLP

Obviousness, Common Sense and Sensibility: Federal Circuit Ruling Offers Cautionary Tale for Patent Applicants

Fenwick & West LLP on

The U.S. Supreme Court’s 2007 decision in KSR International v. Teleflex altered the obviousness inquiry under 35 U.S.C. § 103 in determining whether a claimed invention passes muster under the Patent Act. The KSR Court...more

McDermott Will & Emery

Supreme Court to Address Whether Applicant Must Pay PTO “Personnel Expenses”

The Supreme Court of the United States granted the US Patent and Trademark Office (PTO) Director Iancu’s petition for a writ of certiorari to determine whether a party that files an appeal in the Eastern District of Virginia...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2018 #5

Applications in Internet Time, LLC v. RPX Corp., Appeal Nos. 2017-1698, et al. (Fed. Cir. July 9, 2018) (unsealed July 24, 2018) In a lengthy decision on an issue of first impression, the Federal Circuit addressed the...more

McDermott Will & Emery

BPCIA 180-Day Notice of Intent to Market a Biosimilar Is Required, Enforceable by Injunction

In an opinion that details many intricacies of both the Biologics Price Competition and Innovation Act of 2009 (BPCIA) and related portions of the Patent Act, the US Court of Appeals for the Federal Circuit affirmed a...more

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